Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-12
FOR HIS LIFE.
ELMER CLARK ARRAIGNRD IN THE CIRCUIT
COURT, YESTERDAY,
Charged With the Murder Of William 0Nell, al
Elm GrUvsIin March LaSt-Ths Prisoner,
and the Evidence.

The case of the State OF West virginia
VS.. Elmer Clark, charged with murder,
was put ON trial in Part Two of the Circuit
Court, yesterday morning, before Judge
Jacob. The circumstances leading TO the
charge against Clark are no doubt still
fresh in the minds of the public, and are
about as follows: On the second day OF
March of the present year William O'Neil,
young man employed in the Crescent mill,
who resided with his parents on the East
side. boarded the motor and went out to
Elm Grove presumably for the purpose of
calling upon Mrs. Elmer Clark, whom he
had known before her marriage. Just pre-
ciJely what led to the visit is not know,
but O'Neil'S friends claim that he went
after a picture of himself, which Mrs.
Clark is said to have had in her possession,
while on the other hand we are assured
by the defense that O'Neil went out with
the express intention of causing trouble
between Mr.. and Mrs. Clark.
But be this as it may, O'Neil went to
Elm Grove and, it is said, visited Clark's
house. About o'clock he and Clark met
ON the B. & o. Railroad track, there were
some harsh words exchanged, and shot
was fired from revolver in the hands OF
Elmer Clark. O'Neil was wounded and
turned, but Clark shot again, when O'Neil
fell 10 the ground, after which Clark fired
two more shots ut the PROSTATE man.
Clark then went away and O'Neil was
taken to the County Infirmary, where he
died the same night, never having recov-
cred consciousness. Clark was subSe-
quentIy arrested and placed in Jail.
Coroner Schultze held an inquest over
the remains of O'Neil at the time, and u
post mortem examination was made by
Drs. Storer and Cracralt This is the case
in brief. and the evidence ~ adduced yes
terday brought out the details, but they
are substantially the same rs those printed
at the time of the shooting.
Court was opened at 8 o'clock and some
time was consumed in securing jury,
nine out of the twenty-eight EN-
panellcd being excused, their rea-
sons being. some for expressing an
pies as to the death penalty. The jury
chosen is "a follows: Casper He'll, John
Smith. NJ. w. Amick, w. A. HiggS, w.
r. Hanna, Thomas b. McCord, Jacob Kin
dleberger, John Dailer, Henry Schaffer,
Christian NierhelleT, Robert S. Agnew,
Hiram Young.
The witnesses for the State and defense
were sworn and retired to a jury room,
with the exception Of Mrs. Clark, who was
allowed to remain with her husband. The
prisoner sat between his counsel, Col. W.
w. Arnett and John o. Pendleton, and
during the examination of witnesses be-
traved no nervousness whatever, and never
moved from an erect posture except to lean
over at times and whisper to his wife. lie
took the whole matter very coolly and even
smiled ut times when witnesses became a
little mixed. In fact it would seem that
Clark does not realize his position.
I Prosecuting Attorney Jordan opened the
case for the State by making IN address TO
the Jury, in which he set forth the circum-
stance of the shooting in a brief manner,
and closed by reading the instruction, re-
speeding the finding of the jury.
He was followed by Counsellor Pendle-
ton in a short address, in which he stated
that the defense would prove conclusively
that O'Neill had threatened TO kill both
Clark and his wife ard that the shooting
was done in self defense.
William Webster, a ColOred man, was the
first witness called for the State and his
evidence was substantially the same as
that heretofore printed. At the conclusion
of his testimony the Court adjourned I'M
til = o'clock. In the afternoon Drs.
Storer, Cracraft and Baird were
examined regarding the wounds on
O'Neirs person. A number OF
other witnesses were examined and their
testimony was substantially the same as
Webster's, who stated that he had seen
Clark shoot O'Neil when they were about
thirty-fve yards apart.
O'Neil turned and took step away.
Clark shot again, whereupon O'Neil fell to
the ground, after which Clark ran up to
him and fired two more shots, then turned
and fled.
Frank Martin testimony differed some
what from the rest in that he stated that
O'NeiL bad made threats to him that he
WOulu 40 MI anu MIS- Si'ih i"Juiy.
The testimony for the State will be fin
ishcd this morning, after which the de-
Tense will introduce evidence to show that
the shooting was done in self-delense. The
case attracted only a fair attendance of
spectators, among whom were number of
Crescent mill men who were O'Neils
fellow workmen.
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